Richards v. Clark
Massachusetts Supreme Judicial Court
Contract upon a promissory note for $1000, dated August 23, 1876, made by the defendant, and payable to the plaintiff on demand, with interest. Answer, a general denial. The case was submitted to the Superior Court on an agreed statement of facts, in substance as follows : The action was defaulted when reached for trial.
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Contract upon a promissory note for $1000, dated August 23, 1876, made by the defendant, and payable to the plaintiff on demand, with interest. Answer, a general denial. The case was submitted to the Superior Court on an agreed statement of facts, in substance as follows : The action was defaulted when reached for trial. The defendant filed a suggestion of his bankruptcy, and the plaintiffs moved for a special judgment against the property attached on the writ as the property of the defendant, and then held under the attachment, on the ground that the attachment was not made “ within four…
1Opinion of the CourtGbay, C. J.
The bankrupt act of the United States provides that the filing of the petition shall be deemed the commencement of proceedings in bankruptcy; that the assignment of the bankrupt’s property by the register shall dissolve any attachment “ made within four months next preceding the commencement of the bankruptcy proceedings; ” and that any conveyance by the bankrupt, in fraud of the bankrupt act, “within four months before the filing of the petition by or against him,” shall be void. U. S. Rev. Sts. §§ 4991, 5044, 5128. U. S. St. March 2, 1867, §§ 14, 35, 38. It has been adjudged by the Supreme…
2Cases cited1 opinion
- Dutcher v. WrightSupreme Court of the United States · 1877
3Cited by3 opinions
- Cooley v. CookMassachusetts Supreme Judicial Court · 1878
- United States v. SenecalDistrict Court, D. Massachusetts · 1929
- Whitley Grocery Co. v. RoachSupreme Court of Georgia · 1902